There are many issues with using copyrighted music.
Mainly the artists intellectual copyright then you have the mechanical copyright,if someone were to say "well I'll just use this guy's code and media in my game and just stop doing it if and when he comes along and notices I have done it",just doesn't wash.
It's bad practice to get into that way of thinking.
If its a small indie band you could always ask permission,most of these are quite happy to have their music on any product,provided they are given credit,if it's a major they may just sue you,small time or not.
Even as stated above it's unlikely they will bother with you,as a musician I wouldn't like it my stuff was ripped off and thats what it is,no matter how you paint it.
It's also against the AUP to post media which isn't yours or you dont have written permission from the author on these forums.
I am amazed at your reply after starting the thread linked below.
http://forum.thegamecreators.com/?m=forum_view&t=116348&b=34
Quote: "My ideas.
1. Just because somebody posts a sound effect, or track here to listen to doesn't mean its open, royalty free to use. Ask before taking."
